Injuries to Children; Child Accident attorneys

Posted by: on Fri, May 31, 2013

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In the United States…

An average of 14 young people ages 10 to 24 are murdered every day.

Nearly 740,000 children and youth are treated in hospital emergency departments as a result of violence each year—that’s more than 84 every hour.

More than 3 million reports of child maltreatment are received by state and local agencies each year—that’s nearly 6 reports every minute.

Violence against children and youth is all too common. It is likely you have heard stories of people whose lives have been touched by violence: A child seriously injured at the hands of a parent. A teenager involved in an abusive dating relationship. A youth shot and killed after an argument with another teen.

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The toll and nature of deaths due to violence against children and youth is staggering. For example, in 2009:

  • More than 1,700 children ages 0 to 17 died from child abuse and neglect—81% of deaths occurred among children younger than age 4.
  • 5,000 young people ages 10 to 24 were murdered, making youth violence the second leading killer for this age group.

In addition, accidents involving children or those caused by someone’s negligence also injure thousands of children annually. The number of these types of injuries generally increases in the spring and summer months, particularly after school recesses and kids spend more time outdoors. These injuries often are caused by the following:

  • Birth injuries
  • Cars and other motor vehicle accidents
  • Fireworks
  • Playground equipment
  • Ingestion of household products such as cosmetics and personal care products, cleaning substances, pain relievers, foreign bodies, and plants
  • Household fires
  • Traumatic brain injuries
  • Swimming-related accidents

Children’s injuries are sometimes unavoidable. Because of their continual development, children are more susceptible to a wide range of dangers and risks than adults. The scope and nature of children’s injuries can be particularly damaging to a child’s future. While state and federal laws often include safety guidelines for children’s products and activities, such laws are frequently ignored or simply not enforced. Too often, children are harmed, injured or even killed by the carelessness or negligence of others.

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The most common injuries children suffer vary by age, with the most dangerous time coming at approximately between 15 to 17 months, according to a U.S. study done by the University of California. The following are some United States child injury statistics:

  • 47% of the deaths in children from birth through four years old are caused by house fires.
  • Trauma is the leading cause of death in children over the age of one.
  • Over 6,600 children die from injuries annually.
  • More than 14 million children annually suffer some type of injury.

What causes typical childhood injuries?

Children are injured in many different situations, including:

  • Animal attacks and dog bites
  • Birth injuries
  • Medical Malpractice
  • Burn injuries
  • Orthopedic injuries
  • Dangerous toy accidents
  • Falling
  • Poisoning
  • Auto accidents
  • Choking
  • Sports injuries
  • Swimming pool accidents
  • Playground injuries
  • Toy injuries
  • Defective products
  • Prescription drug adverse reactions

Some interesting statistics regarding child accidents:

  • Child Passenger Safety: Auto accidents claimed the lives of 1,335 children 14 years of age and younger in 2005 and injured more than 184,000. That’s an average of four deaths and more than 500 injuries per day.
  • Fireworks: Eleven people died last year and 9,200 were injured by fireworks. One in three injuries were to children under 15 and half of all fireworks’ accidents injured victims under 20. Of those injured, 2,300 suffered injuries to the hands, 1,500 were the victims of serious eye injuries and 1,400 injured their head or face.
  • Playground Injuries: Playground injuries hurt 200,000 children under 14 each year in the United States. 75% of these injuries occur at public playgrounds, primarily school and daycare centers.
  • Poisonings: Children under 6 are more likely to have unintentional poisoning injuries than older children or adults. Poisonings injured 32,691 people in 2005.
  • Residential Fires: Children under the age of 4 are among those at the highest risk of residential fire-related injuries or death. On average, someone dies in a house fire every 2 ½ hours and is injured every 30 minutes.
  • Traumatic Brain Injuries: Among children under 14, brain injuries account for 400,000 emergency room visits each year, resulting in 2,700 deaths and more than 35,000 hospitalizations.
  • Water Injuries: In 2005, 3,582 fatal unintentional water deaths, or about 10 a day, were reported in the United States. One-fourth of those deaths were children and for every child that dies, four other children are treated in the hospital for water-related injuries.  Non-fatal drowning can cause brain damage, resulting in long-term disabilities, including memory problems, learning disabilities, and permanent loss of basic human functioning.
  • Animal Attacks: Children ages 5 to 9 are most at risk of the estimated 4.5 million Americans bitten by a dog each year. Dog bites in children can be especially traumatic. In addition to scarring, a child may experience psychological and trust issues that require professional treatment. Reconstructive or cosmetic surgery can also be complicated by a child’s growth and development.
  • Teen Drivers: The National Highway Traffic Safety Administration reports that auto accidents are the leading cause of death for young people ages 15 to 24. Federal statistics show 12 teenagers die each day in motor vehicle accidents. Two out of every five deaths of teens – or almost half – are the result of car accidents. Young drivers between the ages of 16 to 19 account for 30 percent of the nation’s accidents.

Accidents and injuries to children can involve several different types of law, including auto accident law, premise liability, liability of a business such as a daycare center, or liability of an individual, including neighbors, caregivers or babysitters.

Injuries can be complicated by the age of a child and long-term prognosis is often impacted by a child’s natural development. If your child has been injured, it is important to seek qualified medical treatment and discuss your rights with an experienced accident attorney, like those at the Las Vegas office of Albright Stoddard Warnick & Albright.

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Child injury cases can sometimes be very complex. The Las Vegas, Nevada child injury attorneys at Albright Stoddard can help you recover financial compensation for your:

  • Past and future medical bills
  • Pain and suffering
  • Mental anguish
  • Lost wages
  • Loss of consortium (for a spouse)
  • Disfigurement
  • Funeral costs (in wrongful death cases)

Personal injury lawsuits filed on behalf of minor children can often deal with the extraordinary costs and expenses that may be involved with the future care of a severely injured child throughout their maturity and even adult life. The civil action for damages, of course, cannot be brought by a minor, but by their adult parent or caregiver.

Negligence

Negligence, or acting below the reasonable standard of care, is often the cause of many injuries involving children. Injuries can occur on a playground at school or at the park. The lack of supervision at daycare or school often results in childhood injuries, including broken bones or head injuries. Negligent supervision cases are the worst, because they are usually preventable. Small children are typically not held accountable for contributory negligence to the same degree as adults. People who may be liable for their negligent acts may include:

  • Parents (the child’s own)
  • Other childrens’ parents (if the child was under their care at the time)
  • School or daycare facilities during the time the child is entrusted to their care

Anyone who knowingly accepts responsibility for your child then has a “duty of care” to both the child and you to ensure his or her safety while the child is in their care. Any breach of that duty may entitle you and/or your child to compensation for whatever medical costs, etc. are deemed necessary as a result of their negligence. We will also research the amount of potential insurance coverage from various sources is available to assist in satisfying any judgment or settlement.

What to Prove in your Civil Case

In order to prove a child’s injury was caused by someone’s negligence, you will need to prove the following in order to win a negligence lawsuit:

  • Consent – the injured must generally not have given consent for the action that resulted in injury. Signing a release may be a valid defense if the risks were clearly provided.
  • Contributory (or comparative) negligence – means that to the degree the plaintiff is responsible himself for negligence, the damages paid to the plaintiff will be reduced by a similar degree, up to a certain limit.  In Nevada the plaintiff/victim cannot be greater than 51% at fault.
  • Illegality – if someone is injured in the course of doing something illegal, then no damages will generally be awarded to a plaintiff.

If your child was injured as the result of another person’s negligence at school, day care facility or anywhere else, contact the child injury attorneys at Albright Stoddard Warnick & Albright today at 702-384-7111. We offer a free legal case evaluation to discuss your case and options for moving forward. The majority of serious unintentional child injuries could have been avoided if proper precautions were taken. The injury or death of a child is among the most devastating tragedies a family can endure. We encourage you to e-mail us at gma@albrightstoddard.com to learn more and ask questions.

The National Academy of Personal Injury Attorneys named Mark Albright as one of the Top 10 Personal Pnjury attorneys in Nevada in 2014.

The American Society of Legal Advocates selected Mark as one of the Top 100 Litigation lawyers in the State of Nevada for 2014. The National Academy of Personal Injury Attorneys named Mark one of the Top 10 personal injury attorneys in Nevada in 2014.

The American Society of Legal Advocates selected Mark as one of the Top 100 Litigation lawyers in the State of Nevada for 2014. The National Academy of Personal Injury Attorneys named Mark one of the Top 10 personal injury attorneys in Nevada in 2014.

The American Society of Legal Advocates selected Mark as one of the Top 100 Litigation lawyers in the State of Nevada for 2014. The National Academy of Personal Injury Attorneys named Mark one of the Top 10 personal injury attorneys in Nevada in 2014.

The American Society of Legal Advocates selected Mark as one of the Top 100 Litigation lawyers in the State of Nevada for 2014. The National Academy of Personal Injury Attorneys named Mark one of the Top 10 personal injury attorneys in Nevada in 2014.

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.